Shisha lovers enjoy puffs in a night joint. The ban on the famous product continues to rub many the wrong way. [Photo/Plive.co.ke]
Justice Roselyn Aburili today, Thursday declined to lift the ban on smoking shisha, which was imposed by Health Cabinet Secretary Cleopa Mailu.
This means that smoking of the flavored tobacco remains illegal.
The lady justice then directed the petitioners to file an application, which will be heard again tomorrow, Friday.
Health CS Cleopa Mailu on December 27 through a gazette notice banned the substance, which had become common in all entertainment events.
Traders and stakeholders in the business then moved to court, saying there were no proper consultations before the ban was imposed.
They further argued that the ban would hurt their business and that they should have been sounded a warning first.
Justice John Mativo, who heard the case on December 29, had asked the petitioners to serve the AG with court papers before today’s hearing.
The traders argued that the ban was unconstitutional and left manufacturers with costs amounting to billions of shillings.
The ban restricts any kind of business related to shisha, including importation, promotion, and usage of the product.
“No person shall import, manufacture, sell, offer for sale, use, advertise, promote, facilitate or encourage shisha smoking in Kenya,” read the notice.
Kenya became the third country in the region to ban the product, after Rwanda and Tanzania.